Belen Arellano, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 36 F.3d 1107 (Fed. Cir. 1994)
Annotate this CaseBefore NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and MAYER, Circuit Judge.
ON MOTION
ORDER
MAYER, Circuit Judge.
The Secretary of Veterans Affairs moves to dismiss Belen Arellano's appeal for lack of jurisdiction. Arellano has not filed a response.
On September 15, 1993, the Court of Veterans Appeals entered judgment summarily affirming the Board of Veterans Appeals' decision that denied Arellano's claim of service connection for her veteran husband's death from residuals of malaria. Arellano filed a notice of appeal on February 4, 1994, 142 days after entry of judgment. To be timely, Arellano's appeal was due within 60 days. 38 U.S.C. §§ 7291, 7292. Failure to timely file a notice of appeal extinguishes the right to appeal. Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed. Cir. 1983).
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary's motion to dismiss is granted.
(2) Each side shall bear its own costs.
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